FAIRHAVEN —` Selectmen joined local groups Jan. 22 in opposition to the Environmental Protection Agency's $366 million settlement with AVX for cleanup of PCBs in parts of the New Bedford Harbor. AVX is the parent company for the former Aerovox Corp., which released polychlorinated biphenyls (PCBs) into New Bedford Harbor.

Selectmen voted formally after meeting with the Coalition for Buzzards Bay, Hands Across the River and Sen. Mark Montigny, although they said weeks earlier that they would oppose the agreement. While the comment period expired in December, a decision is now before a federal judge.

Select Board Chairman Brian K. Bowcock said," My main concern is that it's not enough money" and that $366 million might not be "enough to clean up a Superfund site." He objected to the lack of a re-opener clause to make AVX come up with more money if the amount falls short.

Objections were also made to the use of CAD cells, or contained aquatic disposal, as the EPA plans. Karen Vilandry, vice president of Hands Across the River, cited a 2005 document in which the EPA said it would cost $536 million for a CAD cell.

Senator Montigny said, "It confounds me," that EPA would accept an agreement without a re-opener clause. He said past experience shows, "The EPA is always over budget and never on time."

Citing what happened following the Bouchard oil spill, he said, "It is incredible to me with the experience we've had with the federal government that we'd jump to settle."

Mr. Montigny said Coast Guard officials referred to Bouchard "in a flattering way" at meetings and were "arbitrary" in reaching a settlement amount.

"The deal should not be signed without a re-opener," he said of the AVX settlement. The state senator said some of his colleagues favor the settlement, but, "I don't agree."

Mayor Jon Mitchell in New Bedford has voiced support for the settlement with AVX.

Mark Rasmussen, president of the Buzzards Bay Coalition, said a settlement in 1992 for $99 million had a re-opener clause and that costs for that portion of the cleanup have now reached close to $900 million.

Ed Rivera, president of Hands Across the River, said if this agreement is approved by a federal judge, it will "become a standard" that will affect other cleanups. He said he opposes any agreement without a re-opener clause.

Ms. Vilandry said the PCBs will become airborne if mechanical dredging is used to remove them before putting them on a barge and moving them to a CAD cell. She said hydraulic dredging is safer. Ms. Vilandry said there are cancer clusters along Fort Street, near the high school and on Manhattan Avenue that are most likely related to the contamination of New Bedford Harbor.

No one from the EPA attended the meeting, but the EPA has a lengthy explanation of its decision on its website.